What is Article 21: Right to Life and Personal Liberty?
Historical Background
Key Points
9 points- 1.
States: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.'
- 2.
Available to both citizens and non-citizens residing in India.
- 3.
Not an absolute right; can be restricted by a procedure established by law, provided the law itself is just, fair, and reasonable.
- 4.
Judicial interpretation has vastly expanded its scope to include numerous un-enumerated rights, such as the right to live with human dignity, right to speedy trial, right to privacy, right to clean environment, right to livelihood, right to shelter, right to health, and right to education (before Article 21A).
- 5.
Forms the heart of Part III of the Indian Constitution (Fundamental Rights).
- 6.
Cannot be suspended during a National Emergency (Article 359, as amended by the 44th Amendment Act, 1978).
- 7.
Enforceable by the Supreme Court (Article 32) and High Courts (Article 226) through writs.
- 8.
The concept of 'due process of law' is central to its modern interpretation, ensuring fairness in legal procedures.
- 9.
Includes protection against arbitrary arrest and detention, and the right to legal aid.
Visual Insights
Article 21: Right to Life and Personal Liberty - A Conceptual Map
This mind map outlines the scope and implications of Article 21, including its historical background, key provisions, and recent developments.
Article 21: Right to Life and Personal Liberty
- ●Historical Background
- ●Key Provisions
- ●Expanded Scope
- ●Recent Developments
Recent Developments
4 developmentsRight to Privacy explicitly declared a fundamental right under Article 21 by the Supreme Court in K.S. Puttaswamy v. Union of India (2017).
Continued judicial activism in expanding the scope of Article 21 to address contemporary issues like environmental protection, access to internet, and dignified death.
Emphasis on speedy trial and protection against prolonged pre-trial detention as an integral part of Article 21, as highlighted in various judgments.
Debates around the balance between national security and individual liberties under Article 21, particularly in the context of special laws like UAPA.